In the process of building a socialist market economy, the changing property relations and increasingly market-oriented labor relations are making China’s labor-management interaction much more complicated than it was under the planned economy.
The recent exposure of some foreign-funded enterprises’ alleged employment irregularities in China has stunned the whole nation. All the foreign employers involved are global names. The case was first brought to public attention by Guangzhou-based newspaper New Express in late March. It was reported that local restaurants of McDonald’s, KFC and Pizza Hut paid part-time workers up to 40 percent less than the government-set minimum wage.
People are shocked not only because these enterprises are world brands, but more importantly, there is a common concern that this violation of workers’ rights may be just the tip of the iceberg.
To prevent the rights and interests of workers from being violated, legal protection is very important. In this respect, after China’s Labor Law was promulgated in 1994, recent years have seen central and local governments issuing several relevant statutes, with a view to protecting labor rights and laying a solid foundation for economic development and social stability. However, it is true that the country still has a lot to do to improve its legal system in this regard. The fast-food chains’ alleged employment irregularities are actually a reflection of China’s underdeveloped protection system for workers and its shortage of relevant laws and regulations.
The notion of “decent work,” which was put forth by the International Labor Organization in 1998, means “access to employment, fair and equal treatment, decent remuneration, fair labor conditions, safe working environment, social security, job and training opportunities, participation and motivation, and a voice in collective bargaining.” It should be noted that China has already built up the basic framework of labor rights protection and labor standards through extensive legislation. The objective, principle and requirement of “decent work” basically conform to provisions of China’s labor laws.
To allow trade unions to operate actively in labor protection, something which was overlooked under the planned economic system, is crucial to China’s social development. While sharing the common features of trade unions in all countries, China’s trade union organizations operate with Chinese characteristics. It is explicitly defined in the country’s Labor Law that the basic obligation of a trade union organization is to represent and safeguard its members’ legitimate rights and interests. Currently, the All China Federation of Trade Unions and trade union organizations at various levels are playing an increasingly important role in protecting workers’ legitimate rights and interests. However, in the face of new challenges emerging in social development, especially the changing industrial relations, people have high expectations on trade union organizations, expecting them to do more in solving social conflicts and promoting social progress.
The protection of workers’ rights demands attention from society as a whole, including employers, workers, the government, the media and the public. The increasing exposures of labor disputes show the growing awareness of rights in Chinese society. Like a mirror, foreign enterprises’ alleged employment irregularities reflect common and in-depth problems in China’s social development, which become important references for the government to use when devising regulatory measures. |